FKM Partnership, Ltd. v. Board of Regents

PHIL JOHNSON, Justice.

In this case, we consider whether a trial court retains jurisdiction over a condemnation action after the condemning authority amends its petition to reduce the amount of property to be taken by over ninety-seven percent. We hold that it does. We also hold that the condemning authority is liable for certain fees and expenses to the landowner because the reduction in property condemned is so great as to be in effect a functional dismissal of the original condemnation proceeding.

I. Factual and Procedural Background

FKM Partnership, Ltd. owns 1.0792 acres (approximately…